PUBLIC LAW 87-12»-AUG. 7, 1961 [76 STAT.

Public Law 87-126 A»g«.t 7. 1961 AN ACT [s. 857] To provide for the establishment of Cape CJod National Seashore.

Be it enacted hy the Senate and House of Representatives of the tioa**! SMlii^e' ^^*^^^ States of America in Congress a^sembled^ That (a) the area MMM.* * *' comprising that portion of the land and waters located in the towns of Provincetown, Truro, Wellfleet, Eastham, Orleans, and Chatham in the Commonwealth of Massachusetts, and described in subsection (b), is designated for establishment as Cape Cod National Seashore (hereinafter referred to as "the seashore"). (b) The area referred to in subsection (a) is described as follows: Beginning at a point in the Atlantic Ocean one-quarter of a mile due west of the mean low-water line of the Atlantic Ocean on Cape Cod at the westernmost extremity of Race Point, Provincetown, Massachusetts; thence from the point of beginning along a line a quarter of a mile offshore of and parallel to the mean low-water line of the Atlantic Ocean, Cape Cod Bay, and Provincetown Harbor in enerally southerly, easterly, and northerly directions rounding f iong Point and then southwesterly to a point a quarter of a mile offshore of the mean low-water line on the harbor side of the dike depicted on the United States Geological Survey Provincetown quadrangle sheet (1949) crossing an arm of the Provincetown Harbor; thence northerly, along a line a quarter of a mile offshore of and parallel to the low-water line at the dike to a point easterly of the point of intersection of the said dike with the boundary of the Province Lands Reservation as depicted on the said Province- town quadrangle sheet; thence westerly to the said point of intersection of the dike and the Province Lands Reservation boundary; thence along the boundaries of the Province Lands Reservation northwesterly, northeasterly, northerly, and easterly to the east­ ernmost corner of the reservation being near United States Route 6; thence leaving the said easternmost comer along an extension of the southerly reservation boundary line easterly to the northerly right-of-way line of United States Route 6; thence along the northerly right-of-way line of United States Route 6 in a general easterly direction crossing the Truro- Provincetown line and continuing in the town of Truro in a gen­ erally southeasterly direction to a point four-tenths of a mile southeasterly of the southerly right-of-way line of Highland Road; thence easterly five-tenths of a mile to a point; thence turning and running in a southeasterly direction paral­ leling the general alinement of United States Route 6 and gen­ erally distant therefrom five-tenths of a mile to a point approxi­ mately 700 feet northwesterly of Long Nook Road; thence southwesterly along a ridge generally paralleling the alinement of Long Nook Road and distant approximately 700 feet therefrom to a point two-tenths of a mile northeasterly of the northerly right-of-way line of United States Route 6; thence southeasterly paralleling the general alinement of United States Route 6 and generally distant two-tenths of a mile northeasterly thereof to a point 300 feet south of the southerly right-of-way line of Higgins Hollow Road; 76 STAT.] PUBLIC LAW 87-126-AUG. 7,^«»61 286

thence in a general easterly direction paralleling the southerly alinement of Higgins Hollow Road and 300 feet distant southerly therefrom to a point five-tenths of a mile east of the easterly right-of-way line of said Eoute 6,; thence turning and running in a southeasterly and southerly direction paralleling the general alinement of United States Route 6 and distant five-tenths of a mile easterly therefrom to a point 300 feet, north of the northerly right-of-way line of North Pamet Road; thence in a generally southwesterly direction paralleling the general alinement of North Pamet Road and generally distant 300 feet northerly therefrom to a point approximately two-tenths of a mile east of the easterly right-of-way line of United States Route 6; thence in a southerly direction paralleling the alinement of United States Route 6 and generally distant two-tenths of a mile easterly therefrom to a point three-tenths of a mile south of South Pamet Road; thence west to the intersection of Old County Road and Mill Pond Road; thence following the easterly right-of-way line of Old County Road southward to a point opposite the southerly right-of-way line of Ryder Beach Road at its intersection with Old County Road; thence eastward to a point 300 feet east of the easterly right- of-way line of said Old County Road; thence in a southerly direction paralleling Old County Road, at a distance of 300 feet to the east of the easterly right-of-way line of said road to a point 600 feet south of the southerly right- of-way line of Prince Valley Road; thence in a generally westerly direction, crossing Old County Road and the New York, New Haven, and Hartford Railroad right-of-way to the southern extremity of the town landing and beach in the Ryder -Beach area^ and continuing to a point in Cape Cod Bay a quarter of a mile offshore from the mean low- water line of Cape Cod Bay; thence turning and running along a line a quarter of a mile offshore of and parallel to the mean low-water line of Cai)e Cod Bay in a general southerly and easterly direction rounding Jeremy Point and thence in a general northerly direction along a line a quarter of a mile offshore of and parallel to the mean low-water line on the westerly side of Wellfleet Harbor, to a point one quarter of a mile due north of the mean low-water line at the eastern tip of Great Island as depicted on the United States Geological Survey Wellfleet quadrangle sheet (1958); thence north to the mean high-water line on the north shore of the Herring River estuary in the vicinity of its confluence with Wellfleet Harbor; thenoe following the mean high-water line southwesterly, northwesterly, and northeasterly to the easterly right-of-way line of Chequesset Neck Road at its crossing of Hemng River; thence following the course of Herring River along the 20- foot contour line of the southeasterly shore thereof to a point near Mill Creek; thence crossing Mill Creek in a northeasterly direction to the 20-foot contour level near to and northeast of the confluence of Mill Creek and Herring River; thence following generally northerly and easterly along the easterly edge of the Herring River marshes on the 20-foot contour 286 PUBLIC LAW 87-126-AUG. 7, 1961 [76 STAT.

to a point north of which the easterly right-of-way line of a medium duty road, as depicted on said Wellfleet quadrangle sheet, crosses northward across a marshy stream near the juncture of said medium duty road with Bound Brook Island Road; thence crossing said marshy stream along said easterly right- of-way line of said medium duty road, and continuing in a northerly direction to the 20-foot contour level on the north side of said marshy stream; thence following the 20-foot contour line westward approxi­ mately 1,000 feet to its intersection with an unimproved dirt road, as depicted on said Wellfleet quadrangle sheet, leading from a point near the juncture of Bound Brook Island Road and the said medium duty road; thence following said unimproved dirt road northwesterly for approximately 1,600 feet to the 20-foot contour line bordering the southerly edge of the Herring River marshes; thence following said 20-foot contour line in an easterly direc­ tion to Route 6; thence crossing Route 6 and continuing to a point on the easterly right-of-way line of a power transmission line as depicted on said Wellfleet quadrangle sheet; thence in a general southerly direction along the said easterly right-of-way line of a power transmission line to the Eastham- Wellfleet town line; thence southeasterly for a distance of approximately 5,200 feet to a point due north of the intersection of the easterly right-of- way line of Nauset Road with the northerly right-of-way line of Cable Road; thence due south to the intersection of the said easterly right-of- way line of Nauset Road and the said northerly right-of-way line of Cable Road; thence in a general southerly direction crossing Cable Road and along said easterly right-of-way line of Nauset Road to a point 500 feet north of the northerly right-of-way line of Doane Road and its intersection with Nauset Road; thence west to a point 500 feet west of the westerly right-of-way line of Nauset Road; thence southerly and westerly 500 feet from and parallel to the said right-of-way line of Nauset Road to the easterly right-of- way line of Salt Pond Road; thence southerly along the easterly right-of-way line of said Salt Pond Road to its intersection with the southerly right-of- way line of Nauset Road; thence westerly along the southerly right-of-way line of Nauset Road to its intersection with the easterly right-of-way line of United States Route 6; thence southerly along the easterly right-of-way line of said Route 6 a distance of about four-tenths of a mile to the northerly boundary of the Eastham town hall property; thence easterly to a point one-tenth of a mile from United States Route 6; thence turning and running in a generally southerly direction paralleling the general alinement of United States Route 6 and generally distant therefrom one-tenth of a mile to a small stream approximately one-tenth of a mile beyond Governor Prence Road extended; thenqe southeasterly along the said stream to the Orleans- Eastham town line; 75 STAT.] PUBLIC LAW 87-126-:AUG. 7, 1961 287

thence along the Orleans-Eastham town line to the southerly tip of Stony Island; thence generally southeasterly in the town of Orleans by Nauset Harbor Channel to a point due north of the northerly tip of Nauset Heights as depicted on United States Geological Survey Orleans quadrangle sheet (1946) ; thence due south to the 20-foot contour line in Nauset Heights as delineated on the said Orleans quadrangle sheet; thence generally southerly along the said 20-foot contour to a point about one-tenth of a mile northerly of Beach Road; thence southwesterly along a line intersecting Beach Road at a )oint two-tenths of a mile easterly of the so-called Nauset Road {eading northerly to Nauset Heights; thence southerly to a head of a tributary to Little Pleasant Bay at the northerly tip of Pochet Neck as depicted on the said Orleans quadrangle sheet; thence generally southerly along the thread of channel of the said tributary passing westerly and southwesterly around Pochet Island and thence southwesterly into Little Pleasant Bay passing to westerly of the northerly tip of Sampson Island, the westerly tip of Money Head, and the southwesterly tip of Hog Island fol­ lowing in general the centerline of Little Pleasant Bay to Pleasant Bay; thence generally southeasterly in Pleasant Bay along a line passing midway between Sipson Island and Nauset Beach to a point on the Chatham-Orleans town line one-quarter of a mile westerly of the mean low-water line of Pleasant Bay on the westerly shore of Nauset Beach; thence generally southerly in Pleasant Bay in the town of Chatham along a line a quarter of a mile offshore of and parallel to the said mean low-water line of Pleasant Bay on the westerly shore of Nauset Beach to a point a quarter of a mile south of the mean low-water line of the southern tip of Nauset Beach; thence easterly rounding the southern tip of Nauset Beach along a line a quarter of a mile offshore of and parallel thereto; thence generally northerly and northwesterly, and westerly along a line a quarter of a mile offshore of and parallel to the mean low-water line of the Atlantic Ocean on the easterly shore of Nauset Beach and on to the outer cape to the point of beginning. SEC. 2. (a) The Secretary of the Interior (hereinafter referred to la,^^ ^tc!^"^°" °' as "Secretary") is authorized to acquire by purchase, gift, condemna- Authority. tion, transfer from any Federal agency, exchange, or otherwise, the land, waters, and other property, and improvements thereon and any interest therein, within the area which is described in section 1 of this Act or which lies within the boundaries of the seashore as described pursuant to section 3 of this Act (both together hereinafter in this Act referred to as "such area"). Any property, or interest therein, owned by the Commonwealth of Massachusetts, by any of the towns referred to in section 1 of this Act, or by any other political subdivision of said Commonwealth may be acquired only with the concurrence of such owner. Notwithstanding any other provision of law, any Federal property located within such area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the provisions of this Act. (b) The Secretary is authorized (1) to use donated and appro- Funds, priated funds in making acquisitions under this Act, and (2) to pay 288 PUBLIC LAW 87-126-AUG. 7, 1961 [75 8 TAT.

therefor not more than the fair market value of any acquisitions which he makes by purchase under this Act. (c) In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property located within such area and convey to the grantor of such property any federally owned property under the jurisdiction of the Secretary within such area. The properties so exchanged shall be approximately equal in fair market value: Provided^ That the Secretary may accept cash from or pay cash to the grantor in such an exchange in order to equalize the values of the properties exchanged. Report to Con­ gress. The Secretary shall report to the Congress on every exchange car­ ried out under authority of this Act within thirty days from its con­ summation, and each such report shall include a statement of the fair market values of the properties involved and of any cash equalization payment made or received. "Fair (d) As used in this Act the term "fair market value" shall mean value." the fair market value as determined by the Secretary, who may in his discretion base his determination on an independent appraisal ob­ tained by him. Notice. SEC. 3. (a) As soon as practicable after the date of enactment of this P ub lie ation in F. R Act and following the acquisition by the Secretary of an acreage in the area described in section 1 of this Act that is in the opinion of the Secretary efficiently administrable to carry out the purposes of this Act, the Secretary shall establish Cape Cod National Seashore by the publication of notice thereof in the Federal Register. (b) Such notice referred to in subsection (a) of this section ^all contain a detailed description of the boundaries of the seashore which shall encompass an area as nearly as practicable identical to the area described in section 1 of this Act. The Secretary shall forthwith after the date of publication of such notice in the Federal Register (1) send a copy of such notice, together with a map showing such boundaries, by registered" or certified mail to the Governor of the Commonwealth of Massachusetts and to the board of selectmen of each of the towns referred to in section 1 of this Act; (2) cause a copy of such notice and map to be published in one or more newspapers which circulate in each of such towns; and (3) cause a certified copy of such notice, a copy of such map, and a copy of this Act to be recorded at the registry of deeds for Barnstable County, Massachusetts. Ac quisition by SEC. 4. (a) (1) The beneficial owner or owners, not being a corpora­ condemnation. tion, of a freehold interest in improved property which the Secretary Provisions. acquires by condemnation may elect, as a condition to such acquisition, to retain the right of use and occupancy of the said property for noncommercial residential purposes for a term of twenty-five years, or for such lesser time as the said owner or owners may elect at the time of such acquisition. (2) The beneficial owner or owners, not being a corporation, of a freehold estate in improved property which property the Secretary acquires by condemnation, who held, on September 1, 1959, with respect to such property, an estate of the same nature and quality, may elect, as an alternative and not in addition to whatever right of election he or they might have under paragraph (1) of this subsection, to retain the ri^ht of use and occupancy of the said property for non­ commercial residential purposes (i) for a term limited by the nature and quality of his or their said estate, if his or their said estate is a life estate or an estate pur auter vie, or (ii) for a term ending at the death of such owner or owners, or at the death of the survivor of them, if his or their said estate is an estate of fee simple. (3) Where such property is held by a natural person or persons for his or their own life or lives or for the life or lives of another 75 STAT.] PUBLIC LAW 87-126-AUG. 7, 1961 280, or others (such person or persons being hereinafter called "the life ^^t*^ "'* *•**• tenant"), with remainder in another or others, any right of election rovided for in paragraph (2) of this subsection shall be exercised gy the life tenant, and any right of election provided for in paragraph (1) of this subsection shall be exercised by the concurrence of the life tenant and the remainderman or remaindermen. (4) The beneficial owner or owners of a term of years in improved property which the Secretarj'^ acquires by condemnation may elect, as a condition to such acquisition, to retain the right of use and occupancy of the said property for noncommercial residential purposes for a term not to exceed the remainder of his or their said term of years, or a term of twenty-five years, whichever shall be the lesser. The owner or owners of the freehold estate or estates in such property may, subject to the right provided for in the preceding sentence, exercise such right or rights of election as remain to them under paragraphs (1) and (2) of this subsection. (5y No right of election accorded by paragraphs (1), (2), or (4) of this subsection shall be exercised to impair substantially the interests of holders of encumbrances, liens, assessments, or other charges upon or against the property. (6) Any right or rights of use and occupancy retained pursuant to paragraphs (1), (2), and (4) of this subsection shall be held to run with the land, and may be freely transferred and assigned. (7) In any case where a right of use and occupancy for life or for a fixed term of years is retained as provided in paragraph (1), (2), or (4) of this subsection, the compensation paid by the Secretary for the property shall not exceed the fair market value of the property on the date of its acquisition by the Secretary, less the fair market value on such date of the said right retained. (8) The Secretary shall have authority to terminate any right of ,,,Y^^,°^^f^°'^' °' •"** use and occupancy of property^ retained as provided in paragraph Illations. (1), (2), or (4) of this subsection, at any time after the date when anj^.use occurs with respect to such property which fails to conform or is in any manner opposed to or inconsistent with any applicable standard contained in regulations issued pursuant to section 5 of this Act and in effect on said date: Provided, That no use which is in conformity with the provisions of a zoning bylaw approved in accordance with said section 5 which is in force and applicable to such property shall be held to fail to conform or be opposed to or inconsistent with any such standard. In the event that tlie Secretary exercises the authority conferred by this paragraph, he shall pay to the owner of the right so terminated an amount equal to the fair market value of the portion of said right which remained on the date of termination. Suspe n s i o n of (b) (1) The Secretary's authority to acquire property by condemna­ authority. tion shall be suspended with respect to all improved property located within such area in all of the towns referred to in section 1 of this Act for one year following the date of its enactment. (2) Thereafter such authority shall be suspended with respect to all improved property located within such area in any one of such towns during all times when such town shall have in force and applicable to such property a dully adopted, valid zoning bylaw approved by the Secretary in accordance with the provisions of section 5 of this Act. (c) The Secretary's authority to acquire property by condemna­ tion shall be suspended with respect to any particular property which is used for commercial or industrial purposes during any periods when such use is permitted by the Secretary and during the pendency of the first application for such permission made to the Secretary after 290 PUBLIC LAW 87-126-AUG. 7, 1961 [75 STAT.

the date of enactment of this Act provided such application is made not later than the date of establishment of the seashore. erty."*"**^*** P'°P" (d) The term "improved property," wherever used in this Act, shall mean a detached, one-family dwelling the construction of which was begun before September 1, 1959 (hereinafter referred to as "dwelling"), together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the land so designated. The amount of the land so designated shall in every case be at least three acres in area, or all of such lesser amount as may be held in the same ownership as the dwelling, and in making such designation the Secretary shall take into account the manner of noncommercial residential use in which the dwelling and land have customarily been enjoyed: Provided, how­ ever, That the Secretary may exclude from the land so desigijtated any beach or waters, together with so much of the land adjoining such beach or waters as the Secretary may deem necessary for public access thereto. (e) Nothing in this section or elsewhere in this Act shall be con­ strued to prohibit the use of condemnation as a means of acquiring a clear and marketable title, free of any and all encumbrances. uiLti"nr.*^^ "' '**'' ^^^' ^- (^) ^^ ^^^^ after the enactment of this Act as may be prac­ ticable, the Secretary shall issue regulations specifying standards for approval by him of zoning bylaws for purposes of section 4 of this Act. The Secretary may issue amended regulations specifying stand­ ards for approval by him of zoning bylaws whenever he shall consider such amended regulations to be desirable due to changed or unfore­ seen conditions. cli^re'^8.* "°" *° ^11 regulations and amended regulations proposed to be issued under authority of the two preceding sentences of this subsection shall be submitted to the Congress and to the towns named in section 1 of this Act at least ninety calendar days (which ninety days, however, shall not include days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three calendar days to a day certain) before they become effective and the Secretary shall, before promulgating any such proposed regula­ tions or amended regulations in final form, take due account of any suggestions for their modification which he may receive during said ^publication in j^jj^gj3y.(jay peHod. All such regulations and amended regulations shall, both in their proposed form and in their final form, be published in the Federal Register. Zoning bylaws. xhe Secretary shall approve any zoning bylaw and any amendment ^^^°^ ' to any approved zoning bylaws submitted to him which conforms to the standards contained in the regulations in effect at the time of the adoption by the town of such bylaw or such amendment unless before the time of adoption he has submitted to the Congress and the towns and published in the Federal Register as aforesaid proposed amended regulations with which the bylaw or amendment would not be in con­ formity, in which case he may withhold his approval pending comple­ tion of the review and final publication provided for in this subsection and shall thereafter approve the bylaw or amendment only if it is in conformity with the amended regulations in their final form. Such appro^'al shall not be withdrawn or revoked, nor shall its effect be altered for purposes of section 4 of this Act by issuance of any such amended regulations after the date of such approval, so long as such bylaw or such amendment remains in effect as approved. 75 STAT.] PUBLIC LAW 87-126-AUG. 7, 1961 291

(b) The standards specified in such regulations and amended regu­ Special p r o V1- lations for approval of any zoning bylaw or zoning bylaw amend­ sions. ment shall contribute to the effect of (1) prohibiting the commercial and industrial use, other than any commercial or industrial use which is permitted by the Secretary, of all p^roperty within the boundaries of the seashore which is situated within the town adopting such by­ law; and (2) promoting the preservation and development, in accord­ ance with the purposes of this Act, of the area comprising the sea­ shore, by means of acreage, frontage, and setback requirements and other provisions which may be required by such regulations to be in­ cluded in a zoning bylaw consistent with the laws of Massachusetts. (c) No zoning bylaw or amendment of a zoning bylaw shall be approved by the Secretary which (1) contains any provision which he may consider adverse to the preservation and development, in accordance with the purposes of this Act, of the area comprising the seashore, or (2) fails to have the effect of providing that the Secretary shall receive notice of any variance granted under and any exception made to the application of such bylaw or amendment. (d) If any improved property with respect to which the Secretary's authority to acquire by condemnation has been suspended by reason of the adoption and approval, in accordance with the foregoing pro­ visions of this section, of a zoning bylaw applicable to such property (hereinafter referred to as "such bylaw")— (1) is made the subject of a variance under or an exception to such bylaw, which variance or exception fails to conform or is in any manner opposed to or inconsistent with any applicable stand­ ard contained m the regulations issued pursuant to this section and in effect at the time of the passage of such bylaw, or (2) is property upon or with respect to which there occurs any use, commencing after the date of the publication by the Secretary of such regulations, which fails to conform or is in any manner opposed to or inconsistent with any applicable stand­ ard contained in such regulations (but no use which is in conform­ ity with the provisions of such bylaw shall be held to fail to con­ form or be opposed to or inconsistent with any such standard), the Secretary may, at any time and in his discretion, terminate the suspension of his authority to acquire such improved property by con­ demnation: Provided^ however^ That the Secretary may agree with the owner or owners of such property to refrain from the exercise of the said authority during such time and upon such terms and con­ ditions as the Secretary may deem to be in the best interests of the development and preservation of the seashore. SEC. 6. The Secretary shall furnish to any party in interest request­ Certificate. ing the same, a certificate indicating, with respect to any property located within the seashore as to which the Secretary's authority to acquire such property by condemnation has been suspended in accord­ ance with the provisions of this Act, that such authority has been so suspended and the reasons therefor. SEC. T. (a) Except as otherwise provided in this Act, the property Administration. acquired by the Secretary under this Act shall be administered by the Secretary subject to the provisions of the Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (39 Stat. 535), as amended and supplemented, and 16 use 1-4. in accordance with laws of general application relating to the national park system as defined by the Act of August 8, 1953 (67 Stat. 496); 16 use lb-Id. except that authority otherwise available to the Secretary for the conservation and management of natural resources may be utilized to the extent he finds such authority will further the purposes of this Act. 292 PUBLIC LAW 87-126-AUG. 7, 1961 [76 S TAT.

Protection and development. (b) (1) In order that the seashore shall be permanently preserved in its present state, no development or j)lan for the convenience of visitors shall be undertaken therein which would be incompatible with the preservation of the unique flora and fauna or the physio­ graphic conditions now prevailing or with the preservation of such historic sites and structures as the Secretary may designate: Provided^ That the Secretary may provide for the public enjoyment and under­ standing of the unique natural, historic, and scientific features of Cape Cod within the seashore by establishing such trails, observation points, and exhibits and providing such services as he may deem desirable for such public enjoyment and understanding: Provided fit/fther^ That the Secretary may develop for appropriate public uses such portions of the seashore as he deems especially adaptable for camping, swimming, boating, sailing, hunting, fishing, the apprecia­ tion of historic sites and structures and natural features of Cape Cod, and other activities of similar nature. (2) In developing the seashore the Secretary shall provide public use areas in such places and manner as he determines will not diminish for its owners or occupants the value or enjoyment of any improved property located within the seashore. Hunting and fishing. (c) The Secretary may permit hunting and fishing, including shell- Regulations. fishing, on lands and waters under his jurisdiction within the seashore in such areas and under such regulations as he may prescribe during open seasons prescribed by applicable local. State and Federal law. The Secretary shall consult with officials of the Commonwealth of Massachusetts and any political subdivision thereof who have juris­ diction of hunting and fishing, including shellfishing, prior to the issuance of any such regulations, and the Secretary is authorized to enter into cooperative arrangements with such officials regarding such hunting and fishing, including shellfishing, as he may deem desirable, except that the Secretary shall leave all aspects of the propagation and taking of shellfish to the towns referred to in section 1 of this Act. Navigation. The Secretary shall not interfere with navigation of waters within the boundaries of the Cape Cod National Seashore by such means and in such areas as is now customary. Cape Cod Na­ tional Seashore SEC. 8. (a) There is hereby established a Cape Cod National Sea­ Advisory Com­ shore Advisory Commission (hereinafter referred to as the "Commis­ mission. sion"). Said Commission shall terminate ten years after the date the seashore is established under section 3 of this Act. Membership. (b) The Commission shall be composed of ten members each ap­ pointed for a term of two years by the Secretary as follows: (1) Six members to be appointed from recommendations made by each of the boards of selectmen of the towns referred to in the first section of this Act, one member from the recommenda­ tions made by each such board; (2) One member to be appointed from recommendations of the county commissioners of Barnstable County, Commonwealth of Massachusetts; (3) Two members to be appointed from recommendations of the Governor of the Commonwealth of Massachusetts; and (4) One member to be designated by the Secretary. (c) The Secretary shall designate one member to be Chairman. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. C omp e ns at ion. (d) A member of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expenses reasonably inci^rred by the Commission in carrying out its responsibilities under this Act upon vouchers signed by the Chairman. 75 STAT.] PUBLIC LAW 87-127-AUG. 7, 1961 293

(e) The Commission established by this section shall act and advise Duties. by affirmative vote of a majority of the members thereof. (f) The Secretary or his designee shall, from time to time, consult with the members of the Commission with respect to matters relating to the development of Cape Cod National Seashore and shall consult with the members with respect to carrying out the provisions of sec­ tions 4 and 5 of this Act. (g) No permit for the commercial or industrial use of property located within the seashore shall be issued by the Secretary, nor shall any public use area for recreational activity be established by the Secretary within the seashore, without the advice of the Commission, if such advice is submitted within a reasonable time after it is sought. (h) (1) Any member of the Advisory Commission appointed under Exemptions. this Act shall be exempted, with respect to such appointment, from the operation of sections 281, 283, 284, and 1914 of title 18 of the United States Code and section 190 of the Revised Statutes (5 62 Stat. 697, 793. U.S.C. 99) except as otherwise specified in subsection (2) of this section. (2) The exemption granted by subsection (1) of this section shall not extend— (i) to the receipt or payment of salary in connection with the appointee's Government service from any sources other than the private employer of the appointee at the time of his appointment; or (ii) during the period of such appointment, and the further period of two years after the termination thereof, to the prosecu­ tion or participation in the prosecution, by any person so appointed, of any claim against the Government involving any matter concerning which the appointee had any responsibility arising out of his appointment during the period of such appointment. SEO. 9. There are authorized to be appropriated such sums as may Appropriaition. be necessary to carry out the provisions of this Act; except that no more than $16,000,000 shall be appropriated for the acquisition of land and waters and improvements thereon, and interests therein, and inci­ dental costs relating thereto, in accordance with the provisions of this Act. SEC. 10. If any provision of this Act or the application of such pro­ Separability. vision to any person or circumstance is held invalid, the remainder of this Act or the application of such provision to persons or circum­ stances other than those to which it is held invalid shall not be affected thereby. Approved August 7, 1961, 12:00 a. m.

Public Law 87-127 AN ACT August 7, 1961 To amend section 407 of the Agricultural Act of 1949, as amended. [S. 2197]

Be it enacted hy the Senate and House of Representatives of the Commodity Cred­ United States of America in Congress a^sembled^ That section 407 of it Corp. S a 1 e of the Agricultural Act of 1949, as amended, is hereby amended by feed in disaster areas. deleting the period at the end of the fifth sentence and adding to such 63 Stat. 1055. sentence the following: "and shall make feed owned or controlled by 7 use 1427. it available at any price not less than 75 per centum of the current sup­ port price for such feed (or a comparable price if there is no current support price) for assistance in the preservation and maintenance of